Bangladesh

Country Data

Official Name: The People’s Republic of Bangladesh
Capital: Dhaka
Area: 148,560 sq km 
Population:

164,098,818 (2021 estimate)
Official Language: Bengali
GDP: US$ 966.485 billion (2021 estimate)
Currency:

Bangladesh Taka (BDT- ৳)
Work Days:

Sunday – Thursday

Conventions/ Treaties

  • WIPO Convention (11th May 1985)
  • Paris Convention (3rd March 1991)
  • Berne Convention (4th May 1999)
  • TRIPS Agreement/ WTO (January 1, 1995)
National Legislation
  • The Trademarks Act 2009 read with The Trademark Rules 2015
Basic Information
Creation of rights: First-to-use jurisdiction
Basis for filing: Proposed to be used basis or prior use with sufficient documents
Well-known marks:

Special protection is available. Nevertheless, local registration of the mark is highly recommended.
Types of marks:

Trademarks, Service Marks, Certification Marks, Collective Marks, Series of Marks
Priority: 6-month priority
Madrid System:

Not available – Bangladesh is not a member of the Madrid Union
Filing system: Single application to be filed. Multiple class filing system is not available
Classification: Nice Classification (9th edition)
Who can be Applicant: (1) Individuals; (2) Corporate entities; (3) Joint application
Examination:

On formal, absolute and relative grounds
Publication: The Trade Marks Journal
Opposition period:

2 months from the date of publication in the Trade Marks Journal
Duration of registration:

7 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within 6 months preceding the expiry date
Renewal grace period:

There is no provision in the Law. However, in practice, late renewal is possible by paying penalty fee in addition to the renewal fee
Use requirement:

A trademark registration becomes vulnerable to cancellation upon the request of an interested party in case of its non-use for a continuous period of 5 years
Registration timeframe (straightforward case): 24 to 36 months (approximately)           
Search
Official Search: Available for word marks and device marks
Scope of search:

Includes all applied-for and registered marks
Turnaround time: 20-30 working days
Ways to obtain protection
  • Filing of national application with or without priority claim under the Paris Convention.

Filing Requirements

New Applications
  1. A simply signed Power of Attorney from the applicant.
  2. A certified copy of the priority document, if priority is claimed.
Renewal of Trademark
  1. A simply signed Power of Attorney from the trademark owner.
Change of Name / Address Recordation
  1. A simply signed Power of Attorney in the new name/ address of the trademark owner.
  2. Change of Name / Address document, duly notarized.
Assignment Recordation
  1. A simply Power of Attorney from the Assignee.
  2. Deed of Assignment executed by both the assignor and the assignee, legalized up to the Bangladesh Consulate.
  3. A copy of certificate of registration of the mark(s).
  4. An Affidavit from the Assignor that no legal proceeding / case is pending in respect of the trademarks to be assigned, duly notarized.
Merger Recordation
  1. A simply signed Power of Attorney from the surviving entity.
  2. Merger document, duly notarized.
  3. A copy of certificate of registration of the mark.
License Recordation

 

    1. A simply signed Power of Attorney from the registered proprietor.
    2. A simply signed Power of Attorney from the proposed licensee.
    3. License agreement, duly signed by both the parties, duly legalized up to Bangladesh Consulate.
National Legislation

  • The Patents and Designs Act, 1911 read with Patents and Designs Rules, 1933

Ways to obtain patent protection:
  1. National Filing in Bangladesh with or without priority claim under the Paris Convention
Basic Information
Claims admissible for: 1) Process; and 2) Product
Novelty requirement: Absolute novelty
Convention priority: Available (12 months)
PCT national phase entry deadline: N/A (Bangladesh is not a contracting party to PCT at the present)
Search: Possible by title of invention, name of the patentee
Examination: With respect to form, novelty, inventiveness, industrial applicability, unity, and compliance
Publication: Publication takes place after 18 months from the date of filing or  priority date
Opposition period: There are two types of patent oppositions: 1) pre-grant opposition;

2) and post-grant opposition. Pre-grant opposition may be filed within four months from the date of advertisement of the acceptance of a complete specification  
Protection term (patent): 16 years from the filing date
Annuity: Annuity fees may be paid yearly. It also may be paid for several year in advance. Annuity fees may be paid within 3 months from the date of expiration of the year(s) for which annuity fees are paid. Annuities are payable subsequent to grant.
Patent grant timeframe (straightforward case):  3 – 4 years (approximately)
Ways to obtain patent protection
  1. Filing of national application with or without priority claim under the Paris Convention
Filing Requirements
  1. A simply signed Power of Attorney from the applicant.
  2. Patent specification, claims, drawings (if any), and abstract in English.
  3. A duly certified copy of priority document, if priority is claimed.
National Legislation
  • The Patents and Designs Act, 1911 read with Patents and Designs Rules 1933
Ways to obtain protection for design:
  1. Filing of national application with or without priority claim under the Paris Convention
Basic Information
Types of designs: (1) Drawings; and (2) models
Novelty: Novelty is a prerequisite for the designs to be afforded registration
Multiple figures:

Multiple designs embodiments are not allowed to be included in a single design application
Convention priority: 6-month priority may be claimed
Locarno Classification: Applied
Examination:

Industrial design applications are subjected to both procedural and substantive examinations including examination as to formality and novelty examination
Publication: Post-registration publication in the Official Journal
Opposition: No procedures to oppose
Protection term:

Protection is granted initially for a 5-year term starting from the date of filing. Renewal is possible for 2 subsequent terms of 5 years each
Renewal: Renewals may be sought within six months preceding the expiry of the running protection period
Renewal grace period:

No provision in the Law
Registration timeframe (straightforward case): 1- 2 years (approximately)
Filing Requirements
  1. A simply signed Power of Attorney from the Applicant.
  2. Name, address, and nationality of the Inventor.
  3. Two sets of specification of design.
  4. Four sets of 3D pictures of the products from 4 sides.
National Legislation
  • Copyright Act 2000, read with the Copyright Rules 2006 (SRO No-219)
Basic Information
  • Works protected: copyright protection is conferred on original literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. It extends to the computer program also.
  • No copyright except as provided in this Act: As per the Copyright Law, “No person shall be entitled to a copyright or any similar right in respect of any work, whether published or unpublished, otherwise than in accordance with the provisions of this Act, or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.”
  • Duration of copyright: Copyright protection term is 60 years, starting from the first day of the calendar year following the death of the author, in addition to the lifetime of the author.
  • Registration timeframe:  8 to 12 months (approximately).
Filing Requirements
  1. Photograph of Applicant.
  2. Declaration of Usefulness of the copyright.
  3. Copies of the work to be registered.
  4. Original Power of Attorney, duly notarized.
  5. Original Affidavit for original creativity of the work, duly notarized.
  6. Deed of Transfer or Assignment, duly legalized – (if applicable).

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